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Supreme Court has granted time to file counter affidavit (Reply), in a plea challenging Delhi High Court Order, refusing to release Oxygen Concentrators seized from the Office premises of Matrix Cellular at Mehrauli and collection centre at Lodhi Colony.

On May 27, 2021, Justice Yogesh Khanna, while dismissing the petition, said,

“The seized items were found under suspicious circumstances where individuals were in alleged violation of COVID 19 lockdown measures and therefore police was authorised to seize Oxygen Concentrators lying at the spot.

Conjoint reading of Section 157(1) and Section 2(h) CrPC suggest that, a police officer is empowered to investigate upon information received or otherwise, if he suspects the commission of a crime that he is empowered to investigate under Section 156 CrPC, and since the investigation includes collection of evidence hence it authorizes the IO to seize any property for the purpose of collection of evidence.”

A Division Bench of Justice RF Nariman and Justice BR Gavai, while hearing the matter today, issued 3 week time to file counter affidavit, 1 week for the rejoinder, thereby directing to list the matter on a non-miscellaneous day.

ASG SV Raju appeared for the State.

32 boxes of Oxygen Concentrators, one box of thermal scanner and KN-95 Masks were recovered from the Office of Matrix Cellular.

FIR under Sections 3/7 of the Essential Commodities Act, Section 3 of the Epidemic Diseases Act and Section 420/188/ 120B/34 IPC was registered at PS Lodhi Colony.

Related Story: BREAKING: Delhi Court Grants Bail To Navneet Kalra, Accused of Hoarding and Black Marketing Of Oxygen Concentrators In The National Capital

Case Title: Matrix Cellular v. State (NCT of Delhi) | SLP (Crl.) 4037 of 2021